Does a wheelchair user have to use the seatbelt and shoulder harness?
Under the broad non-discrimination provisions in Section 37.5 of the DOTs ADA regulations, a transit operator is not permitted to mandate the use by wheelchair users of seatbelts and shoulder harnesses, unless the operator mandates the use of these devices by all passengers, including those sitting in vehicle seats. For example, on fixed route buses, if none of the other passengers are required to wear shoulder belts then neither can the person in the mobility device be required to do so. Transit operators may establish a policy that requires the seatbelt and shoulder harness to be used by all riders, including those who use wheelchairs as well as those who use vehicle seats, if seatbelts and shoulder harnesses are provided at all seating locations. In some cases, state law could require an operator to adopt such a policy. What kind of services must transit personnel provide? Because safe and nondiscriminatory transportation is the responsibility of the transit operator, Section 37.173
